DETAILED ACTION
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Allowable Subject Matter
Claims 3-7 and 14-18 objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claims 1, 12, and 19 are rejected under 35 U.S.C. 103 as being unpatentable over Niino (US 20230209628 A1) in view of Harding et al. (US 20190018855 A1).
As per claim 1, Niino teaches the invention substantially as claimed including a method, comprising:
acquiring, by a system comprising a processor, a processor utilization rate related to transmission of one or more historical data packets ([0045], the split number calculation unit 13 may calculate a consumption rate of the input buffer based on the available buffer size and the input rate) and a bandwidth utilization rate of a data link within a target time period ([0044], The split number calculation unit 13 also acquires from the input rate calculation unit 121 the input rate (the amount of data received by the wired receiving unit 11 per unit time));
determining a time consumption for transmission of a target data packet ([0044], The split number calculation unit 13 also acquires from the wireless receiving unit 14 ...the RTT (Round-Trip Time) for each link of each frequency detected by the communication device 1 in the wireless communication with the communication device 2); and
determining, based on the processor utilization rate, the bandwidth utilization rate, the time consumption... a split number for the target data packet to concurrently transmit the target data packet ([0044], The split number calculation unit 13 calculates a setting value K for the split number of the transmission data, based on the available buffer size, the packet loss rate, the RTT, the input rate, and the RSSI value that have been acquired. These pieces of information used for calculating the setting value K are an aspect of transmission parameters for the communication device 2 of the transmission destination of transmission data; and [0063], the communication device 1 splits and transmits transmission data based on the split number setting value K for the transmission data calculated based on transmission parameters for the transmission destination communication device of the transmission data).
Niino fails to specifically teach, determining ...a first processing resource related to a splitting operation, and a second processing resource related to a packaging operation; and determining, based on .... the first processing resource, and the second processing resource, a split number for the target data packet to concurrently transmit the target data packet.
However, Harding teaches, determining ...a first processing resource related to a splitting operation ([0034], the maximum size of a record packet 265 is constrained by, or otherwise tied to, the hardware of a computer system used to implement the data analytics system 140 shown in FIG. 1; and [0037], each record packet 265 is scheduled for processing in a separate thread as available, thus optimizing data processing performance for parallel processing computer systems; Examiner Note: Harding’s processing is related to a splitting operation: [0033], a data stream can be retrieved including multiple records 260 in association with executing input tool 205 to bring data into the upper portion of the workflow 200. In this example a data aggregation technique is applied to the records 260 to allow for parallel processing of small portions of the data stream...the data aggregation techniques described can be employed in instances where records 260 may exceed the designed maximum size for the record packets 265), and a second processing resource related to a packaging operation ([0041], The number of hash buckets used is a tunable parameter that is determined based on the hardware architecture of the data analytics system 140; Examiner Note: Harding’s hash mechanism allows tasks to be aggregated and scheduled in parallel: [0030], optimized join tool included in a workflow implements hash join techniques, discussed in detail below with reference to FIGS. 3A and 3B. The optimized join tools, such as join tool 220, are designed to be hardware conscious by distributing tasks associated with the join operation to multiple threads and leveraging the parallel processing capabilities of multi-core CPUs; and [0038], FIG. 3A is a diagram of an example process for performing a hash join in a way optimized for parallel processing computer systems. The hash join techniques described herein improve the speed and performance of join operations performed between data streams in the data analytics system 140...The hash join techniques increase the execution speed of a join operation and the overall execution speed of a workflow by dividing the join operation into separate parts that can be processed asynchronously using multiple processor cores of the data analytics system 140. FIG. 3A illustrates an example of a hash join technique as executing the join operation in two main phases: a partitioning phase 301-302 and a joining phase 303-304); and
determining, based on .... the first processing resource, and the second processing resource, a split number for the target data packet to concurrently transmit the target data packet ([0034], if the maximum size of a record packet 265 is constrained by, or otherwise tied to, the hardware of a computer system used to implement the data analytics system 140 shown in FIG. 1. Other implementations can involve determining a size of record packets 265 that is dependent upon system performance characteristics, such as the load of a server; and [0035], optimizing a variable size for a packet is performed for each packet that is generated on a per-packet basis. Other implementations can determine optimal sizes for any group or number of packets based on various tunable parameters to further optimize performance including, but not limited to: the type of tools used, minimum latency, maximum amount of data, and the like. Thus, aggregating can further include determining an optimal number of records 260 to be placed into a record packet 265 in accordance with the packet's determined variable size)
Niino and Harding are analogous because they are each related to packet processing. Niino teaches a method of determining a split number for packet transmission in accordance with transmission parameters:
[0063], the communication device 1 splits and transmits transmission data based on the split number setting value K for the transmission data calculated based on transmission parameters for the transmission destination communication device of the transmission data.
Harding teaches a method of processing packets in parallel including splitting data streams in accordance with resource constraints:
[0015], performing data analytics operations can involve processing very large, diverse data sets that include different data types such as structured/unstructured data, streaming or batch data, and data of differing sizes that vary from terabytes to zettabytes;
[0033], a data stream can be retrieved including multiple records 260 in association with executing input tool 205 to bring data into the upper portion of the workflow 200. In this example a data aggregation technique is applied to the records 260 to allow for parallel processing of small portions of the data stream...the data aggregation techniques described can be employed in instances where records 260 may exceed the designed maximum size for the record packets 265; and
[0034], the maximum size of a record packet 265 is constrained by, or otherwise tied to, the hardware of a computer system used to implement the data analytics system 140 shown in FIG. 1.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention that based on the combination, the packet splitting mechanism of Niino would be modified with the aggregation technique which considers resources constraints as taught by Harding resulting in a system that splits and transmits packets in consideration of various transmission parameters and resource constraints. Therefore, it would have been obvious to combine the teachings of Niino and Harding.
As per claim 12, this is the “device claim” corresponding to claim 1 and is rejected for the same reasons. The same motivation used in the rejection of claim 1 is applicable to the instant claim.
As per claim 19, this claim is similar to claim 1 and is rejected for the same reasons.
Claims 2 and 13 are rejected under 35 U.S.C. 103 as being unpatentable over the combination of Niino-Harding and applied to independent claims 1 and 12 and in further view of Shami et al. (US 20240378079 A1).
As per claim 2, Niino teaches, wherein the split number is a target split number ([0063], the communication device 1 splits and transmits transmission data based on the split number setting value K for the transmission data calculated based on transmission parameters for the transmission destination communication device of the transmission data. The transmission parameters are parameters according to the degree of the favorable communication state for the transmission destination communication device of transmission data of the communication device 1); and
determining the target split number comprises:
determining a first candidate split number ([0044], The split number calculation unit 13 calculates a setting value K for the split number of the transmission data, based on the available buffer size, the packet loss rate, the RTT, the input rate, and the RSSI value that have been acquired. These pieces of information used for calculating the setting value K are an aspect of transmission parameters for the communication device 2 of the transmission destination of transmission data) and a second candidate split number ([0063], the worse the communication state becomes, the communication device 1 increases the split number to reduce the amount of data to be transmitted at once, thereby creating an environment in which packets are likely to reach the communication destination. On the other hand, the more favorable the communication state becomes, the fewer the communication device 1 can reduce the split number to, thereby increasing the amount of data to be transmitted at once);
determining... a first performance gain score of transmitting the target data packet based on the first candidate split number ([0063], the communication device 1 splits and transmits transmission data based on the split number setting value K for the transmission data calculated based on transmission parameters for the transmission destination communication device of the transmission data. The transmission parameters are parameters according to the degree of the favorable communication state for the transmission destination communication device of transmission data of the communication device 1. Then, for example, the lower the consumption rate of the input buffer is among the transmission parameters, or the lower the RSSI value is, the larger the split number setting value K becomes) and a second performance gain score of transmitting the target data packet based on the second candidate split number ([0063], the worse the communication state, the greater the number of split pieces of transmission data. As a result, the worse the communication state becomes, the communication device 1 increases the split number to reduce the amount of data to be transmitted at once, thereby creating an environment in which packets are likely to reach the communication destination); and
in response to the first performance gain score being determined to be greater than the second performance gain score and the first candidate split number being determined to be less than or equal to a theoretical maximum split number, determining the first candidate split number as the target split number ([0063], the more favorable the communication state becomes, the fewer the communication device 1 can reduce the split number to, thereby increasing the amount of data to be transmitted at once. According to such processing described above, it is possible to perform communication with a more appropriate amount of data per unit time, according to the state of wireless communication performed between the communication device 1 and the communication device 2; and [0064], may determine to calculate the split number setting value K according to the result of determining whether or not the communication state is bad, based on the transmission parameters. For example, the split number calculation unit 13 inputs the transmission parameters into a determination equation for determining the communication state, compares the numerical value of the obtained result against a threshold value, and determines whether or not the communication state is bad, based on the magnitude relationship therebetween).
The combination of Niino-Harding fails to specifically teach, determining, based on the processor utilization rate, the bandwidth utilization rate, the time consumption, the first processing resource, and the second processing resource, a first performance gain score and a second performance gain score.
However, Shami teaches, determining, based on the processor utilization rate, the bandwidth utilization rate, the time consumption, the first processing resource, and the second processing resource, a first performance gain score and a second performance gain score ([0043], scheduler 44 may include a prediction mechanism to check for node availability for the duration of the SFC request and to check for other SFC related parameters such as bandwidth, latency, jitter, etc. Also, the scheduler 44 may use the two-step procedure mentioned above with respect to a ranking algorithm that produces a list of eligible nodes 42 for implementing the SFC. The scheduler 44 can translate SFC requests into resource usage and use historical and current data to select the nodes 42 to which the VNFs can be deployed; and [0048], monitor PM data and resource utilization data and perform ML, DL, or LSTM techniques for predicting resource utilization. The programs 74 may allow the schedulers 24, 44 to break up an incoming job request (e.g., SFC request) into multiple workload responsibilities (e.g., tasks, VNFs, etc.) and determine what type of resources will be needed to accomplish the job responsibilities and also a timeframe when the job will be executed. The programs 74 also allow the schedulers 24, 44 to analyze the historical and current resource utilization information to determining upcoming or future availability of resources on the nodes. Then, based on the resources needed and the resources available at the present and in the near future, the programs 74 can allow the schedulers 24, 44 to properly allocate the job components or VNFs to the available resources as appropriate to complete job).
The combination of Niino-Harding and Shami are analogous because they are each related to packet processing. Niino teaches a method of determining a split number for packet transmission in accordance with transmission parameters. Harding teaches a method of processing packets in parallel including splitting data streams in accordance with resource constraints. Shami teaches a method of determining performance scores based on monitored data to efficiently allocate transmission resources:
[0024], utilizing historical data of node resource utilization, current resource utilization, and predictive capabilities (using ML) to forecast resource availability needed to accomplish the incoming requests and effectively allocate the resources to the specific parts of the request to ultimately complete the requests in a timely and efficient manner. As shown in the graphs of FIGS. 10A-10D, the scheduler 24 (with the assistance of the nodes 22) are configured in a way to establish the FL cluster 16 as an environment in which resource allocation is performed in a much improved manner in comparison to conventional implementations in an effort to optimize these resource allocation efforts.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention that based on the combination, the packet splitting mechanism taught by the combination of Niino-Harding would be modified with the resource allocation mechanism taught by Shami resulting in a system that splits and transmits packets in consideration of various transmission parameters and resource availability. Therefore, it would have been obvious to combine the teachings of the combination of Niino-Harding and Shami.
As per claim 13, this claim is similar to claim 2 and is rejected for the same reasons. The same motivation used in the rejection of claim 2 is applicable to the instant claim.
Claims 8 and 20 are rejected under 35 U.S.C. 103 as being unpatentable over the combination of Niino-Harding and applied to independent claims 1 and 19 and in further view of Zhang et al. (US 20210168887 A1) and González et al. (US 20250021503 A1).
As per claim 8, the combination of Niino-Harding fails to specifically teach further comprising: determining an average transmission speed of the data link; determining a ratio of the average transmission speed to a theoretical bandwidth of the data link; comparing the ratio with a specified threshold; and in response to determining that the ratio is greater than or equal to the specified threshold, directly transmitting the target data packet without splitting.
However, Zhang teaches, further comprising:
determining an average transmission speed of the data link ( [0108], in the aspect of splitting the data packet to be transmitted into a first data packet and a second data packet, the instructions in the program are specifically configured to execute the following operations: obtaining a first data transmission speed corresponding to the first communication connection and a second data transmission speed corresponding to the second communication connection).
The combination of Niino-Harding and Zhang are analogous because they are each related to packet processing. Niino teaches a method of determining a split number for packet transmission in accordance with transmission parameters. Harding teaches a method of processing packets in parallel including splitting data streams in accordance with resource constraints. Zhang teaches a method of packet splitting and selecting network resources based on transmission parameters and packet data:
Abstract, determining a data packet size of a data packet to be transmitted when a data packet transmission instruction is received; determining a transmission policy for the data packet to be transmitted according to the data packet size; determining a network identifier adapted to the transmission policy; and displaying the network identifier on a user interface (UI). The present application is beneficial to improve the comprehensiveness and accuracy of a network identifier of an electronic device in a data packet transmission scenario;
[0020], determining a transmission mode for the data packet to be transmitted according to the data packet size comprises: determining a transmission time threshold value of the data packet to be transmitted; and determining that a transmission mode for the data packet to be transmitted is a first transmission mode in response to detecting that the data packet size is less than a first threshold value, wherein the first transmission mode is transmitting the data packet to be transmitted to the NGC through the first communication connection and the fourth communication connection within the transmission time threshold value; and
the splitting the data packet to be transmitted into a first data packet and a second data packet comprises: obtaining a first data transmission speed corresponding to the first communication connection and a second data transmission speed corresponding to the second communication connection; determining a ratio of the first data transmission speed to the second data transmission speed; and splitting the data packet to be transmitted into a first data packet and a second data packet according to the ratio, wherein the first data packet corresponds to the first data transmission speed, and the second data packet corresponds to the second data transmission speed
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention that based on the combination, the packet splitting mechanism the combination of Niino-Harding would be modified with the packet splitting and transmission mechanism that considers transmission parameters such as bandwidth, packet size, and link speed as taught by Zhang resulting in a system that splits and transmits packets in consideration of various transmission parameters and resource availability. Therefore, it would have been obvious to combine the teachings of the combination of Niino-Harding and Zhang.
The combination of Niino-Harding-Zhang fails to specifically teach, determining a ratio of the average transmission speed to a theoretical bandwidth of the data link; comparing the ratio with a specified threshold; and in response to determining that the ratio is greater than or equal to the specified threshold, directly transmitting the target data packet without splitting.
However, González teaches, determining a ratio of the average transmission speed to a theoretical bandwidth of the data link ([0017], the different communication hardware and software can be used dynamically to shape the generated data feed to the available bandwidth, data throughput, modulation, security, speed, and/or other communication parameters);
comparing the ratio with a specified threshold ([0024], the data interface 126 additionally or alternatively splits data packets that exceed a transfer threshold of the respective communication hardware device); and
in response to determining that the ratio is greater than or equal to the specified threshold, directly transmitting the target data packet without splitting ([0024], the data interface 126 can create a virtual private network (VPN) and/or a tunnel, and send user datagram protocol (UDP) packets to a specific port associated with the respective sub-interface. In some examples, the data interface 126 additionally or alternatively splits data packets that exceed a transfer threshold of the respective communication hardware device).
The combination of Niino-Harding-Zhang and González are analogous because they are each related to packet processing. Niino teaches a method of determining a split number for packet transmission in accordance with transmission parameters. Harding teaches a method of processing packets in parallel including splitting data streams in accordance with resource constraints. Zhang teaches a method of packet splitting and selecting network resources based on transmission parameters and packet data. González teaches a method of packet transmission and packet splitting based on various transmission parameters:
Abstract, unified interface is further configured to provide communication between the communication service and the control center. A monitoring service is configured to observe communication activity and output one or more communication parameters. A data prioritization policy is chosen based upon the one or more communication parameters. Data is selected for transmission based upon the data prioritization policy. The selected data is provided to one or more of the plurality of sub-interfaces selected based upon the data prioritization policy to thereby transmit the selected data;
[0017], the different communication hardware and software can be used dynamically to shape the generated data feed to the available bandwidth, data throughput, modulation, security, speed, and/or other communication parameter; and
[0024], data interface 126 additionally or alternatively splits data packets that exceed a transfer threshold of the respective communication hardware device.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention that based on the combination, the packet splitting mechanism the combination of Niino-Harding-Zhang would be modified with the packet splitting and transmission mechanism that considers transmission parameters such as bandwidth, link speed, etc. and their relationships to one another as taught by González resulting in a system that splits and transmits packets in consideration of various transmission parameters and resource availability. Therefore, it would have been obvious to combine the teachings of the combination of Niino-Harding-Zhang and González.
As per claim 20 this claim is similar to claim 8 and is rejected for the same reasons. The same motivation used in the rejection of claim 8 is applicable to the instant claim.
Claims 9 is rejected under 35 U.S.C. 103 as being unpatentable over the combination of Niino-Harding and applied to independent claim 1 and in further view of Zhang et al. (US 20210168887 A1) , Götz et al. (US 20200213022 A1), and Ponnuswamy et al. (US 11296953 B1).
As per claim 9, the combination of Niino-Harding fails to specifically teach, further comprising: determining an average transmission speed of the data link; determining a data size of the target data packet; determining, based on the average transmission speed and the data size, a transmission time length for transmission of the target data packet without splitting the target data packet; comparing the transmission time length with the target time period; and in response to determining that the transmission time length is less than or equal to the target time period, directly transmitting the target data packet without splitting.
However, Zhang teaches, further comprising:
determining an average transmission speed of the data link ([0023], obtaining a first data transmission speed corresponding to the first communication connection and a second data transmission speed corresponding to the second communication connection);
determining a data size of the target data packet ([0004], determining a data packet size of a data packet to be transmitted in response to receiving a data packet transmission instruction; determining a transmission mode for the data packet to be transmitted according to the data packet size).
The combination of Niino-Harding and Zhang are analogous because they are each related to packet processing. Niino teaches a method of determining a split number for packet transmission in accordance with transmission parameters. Harding teaches a method of processing packets in parallel including splitting data streams in accordance with resource constraints. Zhang teaches a method of packet splitting and selecting network resources based on transmission parameters and packet data:
Abstract, determining a data packet size of a data packet to be transmitted when a data packet transmission instruction is received; determining a transmission policy for the data packet to be transmitted according to the data packet size; determining a network identifier adapted to the transmission policy; and displaying the network identifier on a user interface (UI). The present application is beneficial to improve the comprehensiveness and accuracy of a network identifier of an electronic device in a data packet transmission scenario;
[0020], determining a transmission mode for the data packet to be transmitted according to the data packet size comprises: determining a transmission time threshold value of the data packet to be transmitted; and determining that a transmission mode for the data packet to be transmitted is a first transmission mode in response to detecting that the data packet size is less than a first threshold value, wherein the first transmission mode is transmitting the data packet to be transmitted to the NGC through the first communication connection and the fourth communication connection within the transmission time threshold value; and
the splitting the data packet to be transmitted into a first data packet and a second data packet comprises: obtaining a first data transmission speed corresponding to the first communication connection and a second data transmission speed corresponding to the second communication connection; determining a ratio of the first data transmission speed to the second data transmission speed; and splitting the data packet to be transmitted into a first data packet and a second data packet according to the ratio, wherein the first data packet corresponds to the first data transmission speed, and the second data packet corresponds to the second data transmission speed
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention that based on the combination, the packet splitting mechanism the combination of Niino-Harding would be modified with the packet splitting and transmission mechanism that considers transmission parameters such as bandwidth, packet size, and link speed as taught by Zhang resulting in a system that splits and transmits packets in consideration of various transmission parameters and resource availability. Therefore, it would have been obvious to combine the teachings of the combination of Niino-Harding and Zhang.
The combination of Niino-Harding-Zhang fails to specifically teach, determining, based on the average transmission speed and the data size, a transmission time length for transmission of the target data packet without splitting the target data packet; comparing the transmission time length with the target time period; and in response to determining that the transmission time length is less than or equal to the target time period, directly transmitting the target data packet without splitting.
However, Götz teaches, determining, based on the average transmission speed and the data size, a transmission time length for transmission of the target data packet without splitting the target data packet (Gotz, [0032], the delay value of the data frame (delay) measured by AT(i), which is the actual start time of the data transmission at the outgoing port of the bridge i at the time when the complete data frame was received at the incoming port of the next bridge i+1. The main part of this delay value can be easily calculated in bridge i+1 based on the speed of the transmission link and the frame size; and Claim 13, the transmission time for the data packet is determined by determining a duration of the transmission using the start time of the data transmission at the transmitting network element until a complete reception of the data packet on the receiving network element plus a hardware-dependent time delay component and a duration of a switching process in the network element).
The combination of Niino-Harding-Zhang and Götz are analogous because they are each related to packet processing. Niino teaches a method of determining a split number for packet transmission in accordance with transmission parameters. Harding teaches a method of processing packets in parallel including splitting data streams in accordance with resource constraints. Zhang teaches a method of packet splitting and selecting network resources based on transmission parameters and packet data. Götz teaches a method of time-controlled packet transmission based on various transmission parameters including packet size and time constraints:
[0032], CD is a delay value including the following components, which are dependent on the hardware and are frame-size specific. One component is the delay value of the data frame (delay) measured by AT(i), which is the actual start time of the data transmission at the outgoing port of the bridge i at the time when the complete data frame was received at the incoming port of the next bridge i+1. The main part of this delay value can be easily calculated in bridge i+1 based on the speed of the transmission link and the frame size; and
[0048], traffic shaper described here offers a similar level of real-time performance with a fixed maximum latency and fixed delivery jitter to CQF. This capability is required in a multitude of industrial applications and control systems that do not require the absolute maximum in real-time capability performance. The greatest advantage compared to the standardized solution is that the solution does not rely on a time-synchronized network such as IEEE 1588 PTP or IEEE 802.1AS and thus can save the associated costs.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention that based on the combination, the packet splitting mechanism the combination of Niino-Harding-Zhang would be modified with the packet transmission mechanism that considers transmission parameters such as timing constants and packet size as taught by Götz resulting in a system that splits and transmits packets in consideration of various transmission parameters and resource availability. Therefore, it would have been obvious to combine the teachings of the combination of Niino-Harding-Zhang and Götz.
The combination of Niino-Harding-Zhang- Götz fails to specifically teach, comparing the transmission time length with the target time period; and in response to determining that the transmission time length is less than or equal to the target time period, directly transmitting the target data packet without splitting.
However, Ponnuswamy teaches, comparing the transmission time length with the target time period (Column 12, Lines 60-67, the intermediate node may analyze an estimated transmission time between the intermediate node and the next node in the data transmission network. If the estimated transmission time is less than a predetermined threshold, the intermediate node may apply reactive techniques to alter the transmission characteristics. Reactive techniques include re-transmission of data packets and jitter-smoothing by buffering data packets); and
in response to determining that the transmission time length is less than or equal to the target time period, directly transmitting the target data packet without splitting (Column 12, Lines 60-67, the intermediate node may analyze an estimated transmission time between the intermediate node and the next node in the data transmission network. If the estimated transmission time is less than a predetermined threshold, the intermediate node may apply reactive techniques to alter the transmission characteristics. Reactive techniques include re-transmission of data packets and jitter-smoothing by buffering data packets).
The combination of Niino-Harding-Zhang-Gotz and Ponnuswamy are analogous because they are each related to packet processing. Niino teaches a method of determining a split number for packet transmission in accordance with transmission parameters. Harding teaches a method of processing packets in parallel including splitting data streams in accordance with resource constraints. Zhang teaches a method of packet splitting and selecting network resources based on transmission parameters and packet data. Ponnuswamy teaches a method of time-controlled packet transmission including changing transmission characteristics based on various transmission parameters including packet size and time thresholds:
Abstract, modifying data packet transmission characteristics by an intermediate node in a network are disclosed. An intermediate node in a data transmission network determines a current estimated transmission time for packets being transmitted from the source node to the intermediate node. The node analyzes a data packet to determine a Quality of Service (QoS) requirement for transmission of the first data packet. Based on the current estimated transmission time for packets being transmitted from the source node to the intermediate node and the QoS requirement for transmission of the first data packet, the intermediate node selects one or more transmission characteristics for forwarding the first data packet toward the destination node. The intermediate node transmits the packet toward the destination node in accordance with the one or more transmission characteristics.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention that based on the combination, the packet splitting mechanism the combination of Niino-Harding-Zhang-Gotz would be modified with the packet transmission mechanism that considers transmission parameters such as packet size and time thresholds as taught by Ponnuswamy resulting in a system that splits and transmits packets in consideration of various transmission parameters including a time threshold and resource availability. Therefore, it would have been obvious to combine the teachings of the combination of Niino-Harding-Zhang-Gotz and Ponnuswamy.
Claims 10 and 11 are rejected under 35 U.S.C. 103 as being unpatentable over the combination of Niino-Harding and applied to independent claim 1 and in further view of Reddy et al. (US 20130080841 A1).
As per claim 10, the combination of Niino-Harding fails to specifically teach, wherein determining the processor utilization rate, the time consumption, and the bandwidth utilization rate comprises: determining the processor utilization rate by determining a mean value of multiple processor utilization rates used for transmission of multiple historical data packets within multiple earlier target time periods; and determining the bandwidth utilization rate by determining a mean value of multiple bandwidth utilization rates used for transmission of the multiple historical data packets.
However Reddy teaches, teaches, wherein determining the processor utilization rate, the time consumption, and the bandwidth utilization rate comprises:
determining the processor utilization rate by determining a mean value of multiple processor utilization rates used for transmission of multiple historical data packets within multiple earlier target time periods ([0021], the average usage metric may be compared against a first expected RPO failure tolerance, to determine a first assumed amount of the resource available to achieve a target RPO; and [0048], taking the disk usage and available bandwidth as inputs, the percentage of time that a given RPO is achieved can be determined); and
determining the bandwidth utilization rate by determining a mean value of multiple bandwidth utilization rates used for transmission of the multiple historical data packets ([0042], a usage metric, such as the average bandwidth consumed is estimated for a number of intervals, such as each hour, over an interval, such one or more days, but typically less than the extended time interval over which all of the samples were taken).
The combination of Niino-Harding and Reddy are analogous because they are each related to packet processing. Niino teaches a method of determining a split number for packet transmission in accordance with transmission parameters. Harding teaches a method of processing packets in parallel including splitting data streams in accordance with resource constraints. Shami teaches a method of packet transmission in accordance with a target Recovery Point Objective:
Abstract, an amount of a resource, such as bandwidth, needed to successfully accomplish a target Recovery Point Objective (RPO) is estimated in a data processing environment giving two or more physical or virtual data processing machines. Time-stamped samples of a usage metric for the resource are taken over a usage period. These samples are later accessed and time aligned to determine an average usage metric at defined intervals. An expected tolerance for RPO failure allows determining a first assumed amount of the resource available to achieve a target RPO that is less than might otherwise be expected. These steps can be repeated for other expected replication failure tolerances to allow a risk versus resource available trade off analysis.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention that based on the combination, the packet splitting mechanism taught by the combination of Niino-Harding would be modified with the Reddy’s mechanism for achieving a target RPO resulting in a system that splits and transmits packets in consideration of various transmission parameters and a target RPO. Therefore, it would have been obvious to combine the teachings of the combination of Niino-Harding and Reddy.
As per claim 11, the combination of Niino-Harding fails to specifically teach, wherein the target time period is a recovery point objective, the one or more historical data packets are one or more historical replication snapshots, and the target data packet is a target replication snapshot.
However, Reddy teaches, wherein the target time period is a recovery point objective ([0006], RPO... is a measure of acceptable data loss measure to a point in the past; and [0021], the average usage metric may be compared against a first expected RPO failure tolerance, to determine a first assumed amount of the resource available to achieve a target RPO), the one or more historical data packets are one or more historical replication snapshots ([0014], In preferred embodiments a replication service, which may be a physical or virtual machine replication service, periodically measures aspects of a production environment in order to estimate the amount of a resource needed to achieve a certain Recovery Point Objective (RPO), taking into account not only an amount of a resource consumed for replication (such as wide area network bandwidth) to indicate a usage metric, but also an RPO failure amount), and the target data packet is a target replication snapshot ([0004], a virtual disk file containing the server operating system, data, and applications from the production environment is retained in a dormant state).
The same motivation used in the rejection of claim 10 is applicable to the instant claim.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MELISSA A HEADLY whose telephone number is (571)272-1972. The examiner can normally be reached Monday- Friday 9-5:30pm.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Bradley Teets can be reached at 571-272-3338. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/MELISSA A HEADLY/
Examiner, Art Unit 2197
Prosecution Insights